ACCUSED ACQUITTED

Evening Star, Issue 19787, 10 February 1928, Page 4

ACCUSED ACQUITTED

GREEN ISLAND ASSAULT CASE PRISONER LUCKY, SAYS HIS HONOR “The prisoner may consider himself very lucky that he has found such a jury as he has done,” said His Honor Mr Justice Sim, in discharging George Thomas Burgess, after the jury had found him not guilty on a charge of indecently assaulting a girl under the ago of sixteen years at Green Island on December 27.

in addition to the charge ol indecent assault there was a charge of common assault against accused. Mr G. J. L. White appeared for the accused, who pleaded not guilty. The Crown Prosecutor (Mr F. B. Adams), in outlining the case, said the two charges referred to the one occurrence. The girl concerned was eleven years of age._ Accused had made a statement which was a proof of nearly all the girl alleged, and counsel suggested that the statement in itself was quite sufficient to warrant the jury convicting accused, even if there were not other evidence. His Honor asked it there was any question ol the admissibility ol the statement. _ . Mr White said intended to raise that point later. Evidence was given by flic girl and her mother, and by Detective Hoycroft. Air White called accused, who denied the allegation, and who. said he was in an excited state when the detective interviewed him. Ho admitted being on the bed with the girl, and admitted having kissed her, and said he “might have touched her as sho said he did.” Mr Adams said that counsel lor the defence had not asked tho detective in the box any question with regard to tho alleged excitable state of accused. j His Honor: “Nob a word was suggested about it.” Mr Adams sajcl it was not worth while cross-examining the accused. The accused’s mother, a widow, gave evidence. Air White, in addressing the jury, said that, apart from any admission on the part of the accused, the Crown case was a weak one, as it rested entirely on tho evidence of the girl. Learned counsel asked if the jury were going to convict on the admission obtained from the accused when he was in a, very excited condition. The speaker submitted that the jury should take very great care before it aceep- j ted a statement made under such con- | ditions. I Air Adams said that neither in the | lower court nor at, the present hear- ! ing had the detective been asked as j to tho condition of the accused when j the statement was taken. _ , j His Honor, in summing up, said it ; was clear that accused ought to bo | convicted on the charge of inuecent | assault. The evidence of the accised proved indecent assault; the statement , to the police proved indecent usault; and yet the jury was soked to return 1 a verdict of not guilty. After very | shortly reviewing the facts of the ease, j His Honor said it would be an insult j to their intelligence to discuss the : matter any further, and asked the i jury to retire to consider its verdict. The jury retired at 11.46 and returned "at 12.15 with a verdict of not guilty on both counts. Accused, who was told by His Honor that he could consider himself very lucky, was discharged..